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COMMONWEALTH PENNSYLVANIA v. NATHANIEL CHESSON (05/20/86)

filed: May 20, 1986.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
NATHANIEL CHESSON, APPELLEE



Appeal From Judgment of Sentence, Court of Common Pleas, Criminal Division, Philadelphia County No. 83-02-2412-2415

COUNSEL

Suzan E. Willcox, Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

Joseph A. Canuso, Philadelphia, for appellee.

Cavanaugh, Wickersham and Hoffman, JJ.

Author: Cavanaugh

[ 353 Pa. Super. Page 256]

The Commonwealth appeals from the judgment of sentence entered against Nathaniel Chesson in the Court of Common Pleas of Philadelphia County on September 6, 1984. Mr. Chesson was convicted of terroristic threats and aggravated assault and was sentenced to a term of five years probation. The Commonwealth argues, inter alia, that in imposing sentence, the sentencing court deviated from the sentencing guidelines but failed to set forth on the record its reasons for deviating. We agree and remand for resentencing.

Appellee, Mr. Chesson, was involved in an altercation with Euripides Klassis wherein appellee assaulted Klassis with a lead pipe. Mr. Klassis sustained a multiple fracture to the left elbow and a broken right arm as a result of the assault.

The lower court opinion states that according to the sentencing guidelines, appellee had an offense gravity score of seven and a prior record score of two. For such a score, the guidelines recommend the following minimum sentence:

Minimum range 17-34 months

Aggravated minimum

     range 34-42

Mitigated minimum

     range ...


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